Bill Text: NJ S695 | 2012-2013 | Regular Session | Introduced
Bill Title: Allows certain owners of preserved farmland to reacquire development rights for land underlying and next to farm buildings or structures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S695 Detail]
Download: New_Jersey-2012-S695-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator DAWN MARIE ADDIEGO
District 8 (Atlantic, Burlington and Camden)
SYNOPSIS
Allows certain owners of preserved farmland to reacquire development rights for land underlying and next to farm buildings or structures.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning development easements on preserved farmland and supplementing P.L.1983, c.32 (C.4:1C-11 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of section 25 of P.L.1983, c.32 (C.4:1C-32), P.L.1999, c.152 (C.13:8C-1 et seq.), P.L.2005, c.314 (C.4:1C-32.1 et seq.), or any other law, rule, or regulation to the contrary, the committee, or a board or a qualifying tax exempt nonprofit organization with the approval of the committee, may sell back to a qualifying landowner the development rights for land underlying a building or other structure, in conformance with the board's current guidelines, that were acquired from the landowner prior to June 30, 1999 in connection with a development easement conveyed to the committee, board, or qualifying tax exempt nonprofit organization pursuant to the provisions of P.L.1983, c.32 (C.4:1C-11 et seq.). The committee, board, or qualifying tax exempt nonprofit organization shall not sell back the development rights to any lands pursuant to this subsection that are in agricultural production at the time of the proposed sale. Land on which development rights are sold back to a qualifying landowner pursuant to this subsection shall be subject to all applicable local land use restrictions and shall be limited to non-residential uses.
The price per acre of the development rights to be sold back to a landowner pursuant to this subsection shall be the same as the average price per acre of the development easement for the entire parcel as paid by the committee, board, or qualifying tax exempt nonprofit organization when it acquired the development easement for the entire parcel, plus an administrative fee not to exceed five percent of the sale price and an additional surcharge not to exceed 10 percent of the sale price. The administrative fee shall be used by the committee, board, or qualifying tax exempt nonprofit organization for administrative costs associated with the sale of the development rights or for other farmland preservation purposes.
b. Whenever development rights are sold back to a landowner in accordance with subsection a. of this subsection, a statement containing the terms and conditions of the conveyance shall be attached to and recorded with the deed of the land in the same manner as the deed was originally recorded. The landowner shall pay the cost of any professional services, surveys, or fees necessary to obtain and file a corrective deed of easement pursuant to this subsection.
c. For the purposes of this section:
"Qualifying landowner" means an owner of a farm that was preserved for farmland preservation purposes prior to June 30, 1999 pursuant to section 24 of P.L.1983, c.32 (C.4:1C-31), section 5 of P.L.1988, c.4 (C.4:1C-31.1), or section 1 of P.L.1989, c.28 (C.4:1C-38) and for which no portion of the farm was excluded in the deed of easement from preservation.
"Qualifying tax exempt nonprofit organization" means the same as that term is defined pursuant to section 3 of P.L.1999, c.152 (C.13:8C-3).
2. This act shall take effect immediately.
STATEMENT
This bill would provide that the State Agriculture Development Committee (SADC), or a county agriculture development board (CADB) or nonprofit land preservation organization, with SADC approval, may sell back to a landowner the development rights for land underlying a building or other structures that were acquired from the landowner prior to June 30, 1999 in connection with a development easement conveyed to the SADC, CADB, or nonprofit land preservation organization pursuant to various farmland preservation programs in the State. The bill would restrict the resale of development rights to any lands that are in agricultural production at the time of the proposed sale. Further, land on which development rights are sold back to a qualifying landowner would be subject to all applicable local land use restrictions and be limited to non-residential uses.
Under the bill, the price per acre of the development rights to be sold back to a landowner would be the same as the average price per acre of the development easement for the entire parcel as paid by the SADC, CADB, or nonprofit land preservation organization, as the case may be, when it acquired the development easement for the entire parcel. The landowner would also be required to pay an administrative fee of up to five percent of the sale price, an additional surcharge of up to 10 percent of the sale price, and any other costs or fees incurred in filing a corrective deed of easement.
